Squatting in Charlotte

With the housing collapse a number of Charlotte homes went into foreclosure. When you combine that with a declining economy you get a situation ripe for squatting. Adverse possession, or squatting as it is commonly known is when an individual, without the legal right, possesses real property as their own. Historically adverse possession occurred when individuals went onto another person’s land and held out to the public that the land was theirs. The law granted these individuals legal rights in the property after a 20 years as long as the possessor’s interest was open and notorious to the actual owner. The idea behind the law was that the government wanted the land to be put to the best use and not to remain unused. I do not believe the North Carolina Legislator envisioned the current real estate market. There are three requirements to acquire land via adverse possession. 1. Running of the Statute 2. Open and Notorious Possession 3. Actual and Exclusive Possession 4. Exclusive Possession – No Sharing with Owner 5. Continuous Possession 6. Hostile

Running of the Statute

A private owner of property has 20 years to bring suit and get a judgment. However, if the 20 years runs before a judgment is entered the judgment will relate back to the filing of the complaint.

Open and Notorious Possession

It would not be fair to the owner of the property if the squatter was hiding on their property. As such, the law requires the squatter to make the same use of the land as the legal owner. Two examples which fail to be open and notorious would be running a pipe under farmland or having a family picnic on farmland. While the first isn’t open and picnicking is not an act one would associate with farming.

Actual and Exclusive Possession

This requirement is designed to give the owner of the property notice of the possessor. Further, this requirement gives the owner notice of the extent of the trespassers intent. The trespasser must have exclusive possession of the land. In other words the trespasser cant share the land with the legal owner or the public at large. This does not prohibit multiple trespassers from gaining legal title but they would do so as tenants in common.

Continuous Possession

The trespasser must be continuous throughout the statutory period. This doesn’t mean the trespasser must remain on the land for 20 years but they must spend time on the land in the same manner as the average property owner. However, intermittent periods of occupancy is not sufficient. However, the same person doesn’t have to occupy the land for the full statutory period. For example one trespasser can take advantage of the time spent by a prior trespasser.

Hostile

This doesn’t mean that there must be violence between the parties only that the trespasser does not have the owners permission to be on the property.

With so many vacant homes people are moving in and living in them. The question is often raised whether these new age squatters have the legal right to live in the homes. In general the answer is no. They are trespassing on private property. However, the law does not favor self help. In other words North Carolina does not want people chasing squatters out of their property with guns etc. An entirely separate article could be written on disturbing the peace.

This of course raises the question on what to people do when squatters move in. I was recently interviewed on Fox Charlotte regarding this question. I explained that there are two common situations where this arises. The first is when someone remains in the residence after a lease or some other permissible relationship ends. The second is when someone is a trespasser on another’s property. In both instances the law does not want owners to engage in self help. In fact, depending on the actions of the owner they may become liable for any injuries to the trespasser.

The legislature prefers that owners resort to law enforcement and the courts to rectify the situation. As such, for the first instance, filing a notice of eviction to and getting a writ which the sheriff the legal right to forceably evict the tenant. In the latter, the owner of the property can contact the authorities regarding trespassing or file a complaint in the local courthouse for trespassing.

What is happening in Charlotte and throughout NC is that banks who have foreclosed upon so many homes have failed to keep up with the properties. As such, they are prime targets for squatting. The law did not envision this type of squatting and in my personal opinion was not designed to handle this type of situation. This leaves the neighborhood in a difficult situation. While neighbors can complain they don’t have the legal right (standing) to have the police or courts do anything. Imagine if your neighbor called the police to have them remove a friend of yours from your house. Only the property owner can do that.

Of course, the issues arise when the banks don’t do it even when the neighbors complain. The only thing which can be don’t is to prevent this from occurring in the first place, through home owners associations and bylaws. The HOA can fine the bank to the point where it becomes a financial liability to allow squatters to remain in the residence.

We advise our clients to contact the local authorities to let them know of the squatters. If the homeowner is not responding, either because they don’t know about it or don’t seem to care look to the HOW bylaws to see if there is a way to penalize them. Avoid self help measures which may expose you to liability.

While squatting is a problem it is believed by many to decrease in frequency with the betterment of the economy. However, with a large segment of affordable homes being purchased by investors, thereby driving up the average cost of a home, the available of lower middle class homes is decreasing. This of course raises a separate question of where people can afford to live. That is a completely separate article.

I can not say enough about this law firm. They were very professional but had a way of making you feel like you were their only case. They worked so hard for us, kept us informed at all times and we are very pleased with the outcome. Cory was so helpful and straight to the point. Isaac is so professional, polite and works harder than anyone I know. He was always on top of everything and his knowledge on everything about our case was incredible! I highly recommend them and their services!

Kevin Hughes

00:14 31 May 18

I highly recommend this Firm. Cory and Issac were always extremely professional and frequently went above and beyond the call of duty. They worked diligently, always responded quickly and answered my unending questions with grace and patience. I wouldn't hesitate to reach out to them again if I needed legal advice/counsel.

anim reyna

15:01 29 Mar 18

Highly recommended!! I worked with both Corey and Mathew and they are both EXCELLENT attorneys! Delma and Issac the paralegals that work in the office are beyond great! I would recommend this law office to any of my family members, friends and even strangers! I brought two cases to them(one was on going for almost two years) and they worked it all out for me and I was very satisfied with the results and would return back to them

Marissa Jackson

15:27 16 Mar 18

I am grateful to have worked with Cory Rosensteel and his team, I personally worked with Isaac Barker. A great team that really helped me understand and answer any questions I had along he way. Very happy with the way the case settled thanks to them. Will definitely be recommending them to anyone looking for great team.

Adero Burbridge

14:55 29 Apr 18

Rosensteel Fleishman was recommended to us to help with an auto accident. Our attorney Matt Fleishman and his paralegal were very professional and patient when aiding my elderly parents with their situation. Throughout the process, they were always available and kept us abreast of what was happening with the case. I would and have recommended them to friends and family.

Kimberly Morrison

10:45 19 Jun 18

Corey Fleishman and his staff are fantastic. Calls, emails and any questions you have are returned promptly. Every aspect of my case was explained thoroughly to me. I highly recommend this law firm to anyone who has been in an accident. Luis was always patient and informative. Great job on mine and my children's settlement. I HOPE to never have to go thru this process again, but if I do....Rosensteel and Fleishman will get the first call.. Great job everyone!

David Glassman

02:06 17 Jul 18

Excellent communication and customer service. Cory was very easy to talk to each step of the way. Isaac was amazing to work with. He answered every question I had along the way as well. I would highly recommend this firm.

zohaib rizvi

17:00 23 Jul 18

I cannot recommend this law firm highly enough. I am very much satisfied with the way the case settled. Paralegal, Luis, had always kept me updated on my case and at every stage of my case, Mathew thoroughly explained the options and let me take the informed decision; and answered all my questions througout the case as well. Very happy with the settlement, Thanks to Matthew and team. Highly recommended law firm.

Amanda Krawiec

21:10 21 Aug 18

HIGHLY RECOMMEND! My husband was in a car totaling crash where he sustained neck & back injuries as well as a concussion that caused months of issues. The person who hit him did not have insurance. I can’t explain the hell we went through before we found Matt Fleishman and Issac Barker. It was a tricky situation and without their legal help and expertise we would have had even more headache(then he was already experiencing). They knew exactly what steps to take and handled all his dr bills as well as recommended great drs. Issac personally called just to check on us, some of those calls I spent crying to him as a wife seeing her husband suffer. Thankfully my husband recovered and we were able to get our case settled to our liking. If you want results, expert legal advice & kind people handling your troubles I would go here!!! Thank you so much for all the time you put into handling every piece of this horrible experience so we didn’t have to! I can firmly say they went above and beyond!

Shaquille Clary

19:43 09 Sep 18

I had an an amazing experience with the Fleishman group. Tiffany and Luis were excellent and very helpful with my experience. They upheld the highest professionalism at all times and made it a top priority that my case be handled expeditiously. My attorney Corey Rosensteel is an seasoned professional and will take care of your every need. I will use the same team in the future and I recommend them to anyone in need of attorney services. Thanks guys!!!

Nicole Loor

19:35 26 Sep 18

Highly recommend. Very professional and am very happy with everything they did for me!

K. L. Suess

00:28 09 Nov 18

HIGHLY RECOMMEND... Worked with Attorney Matthew Fleishman and Isaac Barker - both are professional, helpful and knowledgeable. Definitely feel they look out for the best interest of their client(s).